Read the full judgment text of CACV 000066/1982 on BabelCite. This Court of Appeal judgment was delivered on 4 August 1982.
1. The Plaintiff's claim lies in contract. Much of the argument in the court below, and consequently of the judgment appealed from, was taken up with a discussion of the rules of pleading. Nothing seems to me to turn upon this aspect of the matter and I say only that I am not persuaded that the distinction drawn by Lord Justice Scott in Bruce v. Odhams Press Ltd. 1936 1 All E.R. 287 and Pinson v. Lloyds Bank Ltd. 1941 2 K.B. 72 between facts which must be pleaded as constituting an essential par